The Destructive, Useful, Unethical Presumption of Bigotry, Part I: California’s Anti-School Discipline Law

Last year, in September, California became the first state to prohibit by law the suspension of students for “willful defiance” unless the activities involved were certified by the school superintendent as meeting the specific standards enumerated in the law, all of them very serious, most of them already crimes. What was the rationale behind Assembly Bill 420? Well, it seems African American kids were being disproportionately suspended. They made up about 6 percent of total enrollment, but 19 percent of suspensions for defiance.

According to the Justice Department’s politically motivated embrace of the “disparate impact” approach, any policy that disproportionately affects a minority group adversely is presumptively racist. It couldn’t possibly be true that black students are, as a group, more likely to defy authority, especially the authority of white teachers, right? The fact that pundits, members of the Congressional Black Caucus, MSNBC, Al Sharpton and the President keep hammering on the idea that America is run by a racist cabal, and that the only reason we aren’t getting ready to replace Teddy Roosevelt with Barack Obama on Mount Rushmore is that his wonderful accomplishments have been denied and distorted by white racists, and that our police departments are hunting down and murdering unarmed young black men as the justice system looks the other way—none of this could possibly be feeding anger, frustration, and hate among  among young black students that is translated into willful defiance in class—why would anyone think that?

The law is lunacy. The California state government is endorsing the idea that the schools, especially white teachers, are bigots, and thus the government is reinforcing exactly the emotions and beliefs that feed African American classroom defiance in the first place. Now uncooperative minority students will be able to have their disruptive conduct validated (with disruptive conduct by non-minority students similarly encouraged), treated gently and with understanding, inevitably reducing the educational value of class by allowing more chaos and less discipline, undermining the education of well-behaved students black or white. Meanwhile, toxic behaviors, attitudes and conduct by students that will hamper their prospects of success after school will not attract trigger negative reinforcement.

And when the out-of-school defiant conduct occurs later in response to a lawful command by a police officer?

You might get Michael Brown.

This is such a good plan. Continue reading

Ethics Poll: Target Practice For The North Miami Police

mug shot targets

From the BBC:

[P]olice officers have been…using mug shots of black suspects for target practice in Florida. The images used by North Miami Beach Police were discovered by a female soldier who used the firing range after a police training session…Police Chief J Scott Dennis said that his officers had used poor judgment but denied racial profiling.He told NBC that using real suspect images was an important part of training for his sniper team and that his officers had not violated any policies.

“There is no discipline forthcoming from the individuals who were involved with this,” he said.

A police spokeswoman added on Friday that officers use targets of all races and genders in their training sessions.

Embarrassing. A public relations nightmare for the department. But was using the mugshots unethical? Why?

Let’s vote:

 

Ethics Hero: Montgomery County, Md. Police Chief Tom Manger

"Cops": Chaz Pando as the doomed perp; Nello DeBlasio as the hostage.

“Cops”: Chaz Pando as the doomed perp; Nello DeBlasio as the hostage.

My theater company is performing the 1976 Terry Curtis Fox drama “Cops” as we wind down this season after 20 years. I chose the show, and its companion piece in an evening called “Crime and Punishment in America,” William Saroyan’s classic one-act “Hello Out There,” in direct response to Ferguson, the growing controversy over police violence, the increased racial divide in the U.S. and the gun control debate. Both dramas, as cast, involve African American victims of violence in a law enforcement setting. “Cops,” in particular, features openly biased Chicago police (at least based on their choice of words) and the police execution of a disarmed and surrendering cop-shooter. As the lights fade, the police are discussing what their cover story should be.

I invited the Chief of Police in Montgomery County, Maryland, Tom Manger, to come to the production and field questions from the audience regarding its relevance to current controversies in Ferguson, New York City and across the nation. [Full disclosure: I have known Chief Manger and his wife for many years, and consider them friends] You might recognize him: he was a major figure in the apprehension of the D.C. Snipers, and has been seen and interviewed on the national news and on issue talk shows several times, most recently on CNN’s “State of the Nation” with Candy Crowley. Not only did Tom agree to come, but he let me schedule him twice, said the sessions could be videotaped, and that no question would be off limits.

The first of the talkbacks took place last week (I am moderating another this Sunday), and Tom was as good as his word—candid, blunt, open, and frank.  He was quizzed, hard, by our diverse, astute and always combative audience members about police training, police force diversity, bad cops, police who lie and cover-up misconduct, and racism in the ranks, as well as the details of specific shootings including the local one I have referred to here more than once, in which an unarmed white man, John Geer, was shot and killed by police as he stood in his doorway negotiating with them over a domestic dispute.

Since the episode in Ferguson, Chief Manger said, he has been meeting with community groups two or three evenings a week, doing everything he can to bolster community trust. Among his comments in response to questions: Continue reading

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 4 of 4)

mamoru-samuragochi2

Outrageous Hoax Of The Year

Mamoru Samuragochi, the composer sometimes known as “The Japanese Beethoven” because he composed critically acclaimed works despite being deaf, was exposed as double fraud: he didn’t compose the works that made him Japan’s most popular classical composer, and he isn’t even really deaf!  Samuragochi hired a musical ghostwriter named Takashi Niigaki to compose more than twenty compositions for Samuragochi since 1996.

Funniest Outrageous Hoax

Fake Panda

This.

Unethical Artist Of The Year

Performance artist Maximo Caminero, who  walked into the Pérez Art Museum in Miami, entered a special exhibit of sixteen ancient Chinese vases painted over in bright colors by celebrated Chinese dissident artist Ai Weiwei, picked up one of them, and immediately after a security guard instructed him not to touch the exhibit, allowed the vase to fall from his hands, shattering into bits. Caminero admitted that smashing the pottery, which was valued at a million dollars,  was intentional, and was his protest against in support of local artists like himself whose work is not exhibited at the museum while the art of international artists like Weiwei is.

Unethical Veterinarian Of The Year

Fort Worth, Texas veterinarian Lou Tierce lost his license for five years as a result of, among other transgressions, his telling the owners of a Leonburger (it’s a very big dog) that their pet was terminally ill and had to be euthanized, then secretly keeping the dog alive in a small cage so he could use Sid’s blood for transfusions to Dr. Tierce’s other canine patients. Eventually an assistant at the clinic blew the whistle and alerted Sid’s owners, who rescued their dog and sicced the law on the worst veterinarian since Dean Jones menaced Beethoven.

Unethical Doctor Of The Year

Dr. Nancy Snyderman, NBC’s medical expert, endangered the public by defying a voluntary quarantine for possible Ebola exposure,  because she just couldn’t bear to be without her favorite soup.

Scam of the Year

Jonathan-Gruber-1

The Affordable Care Act.

 Unethical Federal Agency Of The Year

The Secret Service. Lots of competition in this category: the Veterans Administration, the I.R.S., the CDC, the Justice Department, NSA…but when you essentially have one job to do and do it badly, sloppily carelessly and dangerously, there’s really not much more to say Continue reading

Ethics Observations On Mayor de Blasio’s Refusal To Apologize To His Police Officers

Integrity and leadership are not the same thing, Mayor...

Integrity and leadership are not the same thing, Mayor…

New York City Mayor Bill de Blasio’s relations with his own police force could not be worse, and this is not in the best interest of the citizens both the mayor and the police are duty-bound to serve. Can the rift be repaired?

This week de Blasio ruled out one avenue of peace: he said he would not apologize for his remarks following the Eric Garner grand jury decision not to bring charges against the officer who appeared to precipitate the unarmed black man’s death by using a choke-hold. The mayor said…

“You can’t apologize for your fundamental beliefs. The things that I have said were based on my beliefs, the truth as I know it. Can we do a better job communicating, and listening, and deepening an understanding of what our officers need? Yes.”

Fascinating.

I can’t think of a better example of a dilemma where the most ethical conduct is still irresponsible leadership, and thus, from the perspective of a leader’s obligations, unethical.

From an isolated perspective, de Blasio is asserting his integrity. “I could apologize and help smooth over my toxic relationship with the police, but that would require me to be insincere, and I’m not going to do that,” he is saying. He is saying that his constituents can trust him to be straight and honest, and if that means that he must pay a political price, he will pay it. This is admirable, on a human level. Praiseworthy…in a vacuum.

De Blasio, however, doesn’t have the luxury of being ethical in a vacuum. He is the mayor of a city with a lot of problems, controversies, obstacles to effective governance and people in need. The context of all of his words and actions must be his duties to address those issues, and his integrity, in this case, must be subordinate to getting the job he was elected to do done. Continue reading

Pop Quiz: The Bottom Of The Slippery Slope

Merkel out

What’s missing from the photo above that ran in the ultra-orthodox Jewish newspaper HaMevaser, or The Announcer?

No, the answer isn’t “any Americans,” though that would be correct too.

Why, it’s all the women! German Chancellor Angela Merkel, Danish PM Helle Thorning-Schmidt, Paris Mayor Ann Hidalgo and the High Representative of the European Union for Foreign Affairs and Security Policy Federica Mogherini were all photoshopped out of the Israeli newspaper.

When you have to have to alter the facts to fit your ideology and world view, this is supposed to trigger an ethics alarm that alerts you to the unpleasant truth that the problem is with you and your biases, conclusions and beliefs, not the facts.

Making people disappear from photos is the most grotesque of such self-indicting strategies, but there are many less spectacular but equally unethical examples, and right at home, right now.  Can you name some?

I’ll get you started with my personal “favorite”:

Hands up

And to answer your question: I’ll stop harping on this one when I stop hearing Ferguson and Mike Brown routinely mentioned as examples of excessive police force and racism.

________________________

Spark and Pointer: Rick Jones

 

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

Rice and Janay

Ethics Corrupter of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

mo_selfie_lg

First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading

Observations On The ACLU And “Grand Juror Doe’s” Power Play

Juror Doe now, but trying to become a household name...

Juror Doe now, but trying to become a household name…

In a move that tarnishes the reputation of the ALCU and reveals the deep ideological bias in its ranks, the Missouri chapter of the esteemed organization has encouraged a Ferguson grand juror to sue in order to end the lifetime ban on grand  jurors revealing what occurs during proceedings, allowing the juror to become a media star and, presumably, undermining the credibility of the deliberations that resulted in no indictment against Officer Wilson for his fatal shooting of Michael Brown.

Observations:

1. Grand jury proceedings have to be confidential, or the system will not work (yes, it worked as well as it possibly could have in Ferguson.) Secrecy prevents those who are being investigated from interfering with witnesses and otherwise tampering with and attempting to corrupt the investigation. It protects witnesses who might be reluctant to testify if they believed their comments would be made public. It decreases the likelihood that one who is about to be indicted by a grand jury will flee and thereby avoid being brought to trial on those charges. It also protects innocent individuals whose names may be implicated in a grand jury investigation but who will never be indicted.

2. The prohibition on participants in grand jury proceedings revealing what occurs there is not a restriction on free speech any more than a government employee being prohibited from revealing national security information. This is a necessary restriction based on due process and the functioning of the rule of law, and grand jurors agree to the prohibition as a condition of service.

3. The ACLU is grandstanding for its progressive, civil rights zealot fans and contributors. This is an irresponsible case: if it prevailed, the justice system would be thrown into chaos.

3. If even one grand jury is able to have the ban on secrecy lifted, every grand jury will labor under the fear of those involved that jurors will speak to the media and reveal harmful details. I will be shocked if the ACLU lawsuit succeeds. I think it is a frivolous suit, and a violation of legal ethics Rule 3.1 that prohibits such actions.

4. The grand juror who is seeking the lifting of the ban has arguably already revealed more than he is allowed to do legally under the law, which prohibits disclosing “matters occurring before the grand jury.”

5. The supposed explosive revelations the juror wants to expand upon are nothing at all, just ignorant and biased complaints that have already been thoroughly explored and debated by legal experts. The likes of progressive website Think Progress falsely represents the juror’s views as “significant” because progressives so, so desperately want to prove that Michael Brown was executed by a racist cop who was corruptly exonerated by a biased prosecutor. But as Gertrude Stein said of Oakland, there is no there there.

Here are Grand Juror Doe’s “concerns”: Continue reading

Unethical Quote of the Week: Ampersand on “Alas! A Blog”

Into the Woods

There is no reason in the world, other than Hollywood’s endless racism and lack of imagination, for this movie (or the original play, alas) to have an all-white cast. Why do movies feel like they’d rather die than show us a diverse cast? (And please don’t say “they cast the best people for the roles.” I thought the whole cast was good, but Streep was the only one who turned in a performance so unique that you couldn’t imagine anyone else doing the role.)

—–Ampersand, a.k.a. Barry Deutsch, opining on the assets and deficits of Rob Marshall’s film adaptation of “Into the Woods” on his blog

I hate to pick on Barry—OK, that’s not true, I enjoy it immensely—but this statement could stand as the distillation of knee-jerk liberal thinking on race, and it is wrong in so many ways that I hesitate to start counting. The sentiment, however, poses a nice counterpoint to the discussion here about the black James Bond controversy, so I can’t resist taking aim at it.

1. So casting a mega-million dollar film—-in a dicey genre (Have you heard? Big budget Hollywood musicals died in the Sixties…) and a limited audience—with actors who comport with that audience’s expectations of the musical the film is based on is racist, eh? More unfair words and inexcusable race-baiting were seldom uttered in word or written in ink. If a director had a vision that supported casting African American actors in traditional Grimms’ fairy tale roles and could make it work, I would salute him, but Rob Marshall had other priorities. He knew that every cut would be scrutinized and attacked by the Sondheim fanatics (which, by the way, are as white as a dove convention in a blizzard); he knew that the show itself was seriously flawed; he knew that every single adaptation of a Sondheim musical (“West Side Story” doesn’t count) has been a critical and box office bomb. He had every reason to keep his casting choices as close to the traditional images of the characters and the way they were portrayed on Broadway, and none of those reasons were racism.

2. It’s impressive how casually a race-obsessed progressive will accuse a professional of racism as a first response. Irresponsible, unfair, disrespectful, and in this case, ignorant of both commerce and art. Continue reading

Black James Bond Ethics

Fleming's Bond (l) and Bond-in-Waiting Idris Elba

Fleming’s Bond (l) and Bond-in-Waiting Idris Elba

There’s really no denying it: some conservatives have persistent hang-ups about race, and it undermines their more rational, perceptive views on other matters. A relatively trivial but revealing example occurred in the aftermath of the Sony computer hack by North Korea (or Hacker X). One of the revelations was that Sony, which owns the James Bond franchise, was seriously considering re-booting the character, currently played by the estimable, but aging, Daniel Craig, with a black  British actor (be sure to mock anyone who calls him an “African-American), Idris Elba.

If you are unfamiliar with Elba, you should watch the British series “Luther” on Netflix. He’s terrific: athletic, sexy, charismatic and passionate, not to mention his  aura of cold-bloodedness and danger—in short, perfect for James Bond. But Rush Limbaugh, apparently seeking to retroactively validate the title of Al Franken’s book, “Rush Limbaugh Is A Big Fat Idiot,” decided to use the threat of non-traditional casting to make liberal heads explode, his mission in life:

“That’s NOT who James Bond is, and I know it’s racist to probably even point this out: We had 50 years of white Bonds because Bond is white. Bond was never black. Ian Fleming never created a black Brit to play James Bond. The character was always white. He was always Scottish.”

It is hard to pack so much idiocy into five sentences, but Rush is up to the task. James Bond is a British secret agent: race doesn’t factor into the stories at all. We’ve had 50 years of white Bonds because that’s the conventional way of portraying the character, that’s all. Rush’s argument here is just “Everybody does it.” So what? James Bond movies are entertainment, and if an entertaining James Bond film can be made with Elba as Bond, and there is no reason in the world why not, then James Bond can be black. Continue reading